Township of Freehold OFFICE OF THE PLANNING BOARD One Municipal Plaza, Freehold, NJ 07728

Transcription

1 Township of Freehold 2018 VARIANCE APPLICATION PACKAGE YOUR APPEARANCE BEFORE THE FREEHOLD TOWNSHIP PLANNING BOARD The Freehold Township Planning Board wishes to advise you of its requirements for land use approval applicants in regard to your appearance and representation at Board hearings. We request that you adhere to the following rules in order to assure the prompt processing of your application. 1. Individuals and Partnerships - If you are an individual or a partner in a partnership, you may appear before the Planning Board and represent yourself. You may present your own testimony and the testimony of your consultants in support of your application. Please note: You cannot have a consultant make an application for you in your absence. Engineers, surveyors, planners, contractors, real estate agents, friends and family are not authorized to present your application unless you yourself are present to offer them as witnesses. If you do not intend to appear then you must have an attorney at law of the State of New Jersey represent you at all hearings. 2. Corporations and Limited Liability Companies - You must, under all circumstances, have an attorney at law of the State of New Jersey appear to represent you before the Board at all hearings. Rvsd. 1/17 - ds

2 Township of Freehold HOW TO FILE AN APPLICATION FOR A VARIANCE This package is to assist you in completing the administrative requirements that are necessary to submit your application to the Planning Board. We cannot offer you legal advice or information as to how to prove the merits of your case. You may want to seek outside professional assistance in that regard. The following documents are enclosed: Introduction to Zoning Instructions Application Form Variance Completeness Checklist Submission Documents Zoning Schedule Application Fee Worksheet Tax Statement Form Consent to Inspect Form Consent of Owner Form Waiver of Statutory Time Form Escrow Maintenance Form Taxpayer Identification (W-9) Form Disclosure Statement Form Undersized Lot Confirmation (for undersized lot applications) General Requirements for Serving Notice (Form of Notice, Affidavit of Proof of Service, Classified Legal Advertising) Please review the enclosed materials. If you have any questions or need additional information, please contact Danielle B. Sims, Administrative Officer to the Planning Board at or dsims@twp.freehold.nj.us.

3 Township of Freehold INTRODUCTION TO ZONING WHAT IS ZONING? All land in the Township of Freehold is divided into districts or zones. Each zone has specific regulations as to the types of activities or uses for which property can be used. For example: Single family residential, professional office, multi-family, retail, etc.) have specific requirements regulating lot and building sizes, the location of buildings on the property and the intensity of the development. Among the reasons for dividing land into zones are to guide the development of land in an orderly fashion and to prevent conflicts between different types of uses. In residential zones for example, incompatible uses such as factories, shopping centers, and offices are not permitted. By regulating the placement, height and intensity of development, allows Freehold Township to be a safer and more attractive community. Although each municipality may establish different zoning regulations, all zoning regulations and all actions of the Planning Board must be in accordance with the requirements of the New Jersey Municipal Land Use Law. WHAT IS A VARIANCE? All development must conform to the specific requirements of the zoning district in which the property is located as well as the Township's general zoning regulations. In some cases, it may not be possible to meet these requirements because of the shape or special physical characteristics of the property. In other cases, a property owner may wish to develop a site in a different way than is permitted by the zoning regulations. A variance is an official act of the township which permits a property owner to use or develop property in a manner which would not otherwise be allowed under the zoning requirements of the Township of Freehold. WHAT IS THE PLANNING BOARD? The Planning Board is a group of citizens (seven regular members and two alternate members) appointed by the Township Committee that has the power to grant variances from the zoning requirements. The Board can only grant a variance in accordance with the requirements of the Municipal Land Use Law. In all cases before the Planning Board, it is the applicant's burden to prove his or her case. In addition, the applicant must demonstrate that the granting of a variance will not create any harm to the public, or impair the intent and purpose of the Zoning Ordinance. Rvsd. 1/16- ds

4 ARE THERE DIFFERENT CATEGORIES OF VARIANCES? Generally, there are two broad categories of variances. The Planning Board may grant a "d" or "use" variance to permit a use or type of building that is not otherwise allowed. The Zoning Board may also grant "bulk variances" from the zoning requirements related to the location and placement of building or structures, or the size and configuration of a piece property. There are two different types of bulk variances, also known as the "C-1" and "C- 2" variances. (The number refers to the subsection of the Municipal Land Use Law which describes these variances.) "C-1" variances involve cases where because of the size, shape, topography or other physical features that are unique to your property, the zoning requirements would place an exceptional burden or hardship upon you. Suppose that you would like to build a house on a property that has steep slopes on a portion of the site. In order to avoid disruption of the slopes, the house would have to be placed on the property in a manner such that the side yard setback of the house (i.e., the distance required between the house and the side property line) would not meet the Township requirement. The Planning Board would be justified in granting a variance for the insufficient side yard setback if you were to demonstrate that 1) the physical constraints of that particular property would not allow you to meet the zoning requirements and 2) that the variance could be granted without harming the public welfare or impairing the intent and purpose of the Township's Zoning Ordinance. "C-2" variances do not require a demonstration of hardship however, you must demonstrate that the variance requested would promote one of the goals of the Municipal Land Use Law and that the benefits of granting a variance would substantially outweigh and detriment. For example, suppose you would want to build a house on a property that does not have any physical limitations such as wetlands or steep slopes. Although the house could meet all zoning requirements, you would like to place the house closer to the front property line than is normally allowed and in order to be consistent with the setback of other houses in the neighborhood. If you were to demonstrate that 1) the proposed development allows a more desirable visual environmental and a better utilization of the property and 2) that the benefits of blending in which the existing pattern of development in the neighborhood and creating a more attractive appearance would outweigh any possible detriments associated with the reduced front yard setback, then the Planning Board would be justified in granting a variance. HOW SHOULD I PREPARE FOR A PUBLIC HEARING? It is recommended that you review the Municipal Land Use Law and the Freehold Township Land Use Ordinance. Copies of these documents are available for inspection at the Planning Board office between 8:30 a.m. and 4:30 p.m. Another source of information is "Zoning and Land Use Administration" by William M. Cox, Esq. A copy of this book is available at any local library. Rvsd. 1/16- ds

5 Township of Freehold INSTRUCTIONS 1. In order to file an application before the Board, you must submit the following: a. Three (3) copies of the completed Application Form. b. Application and escrow fees (separate checks or money orders made payable to the Township of Freehold see fee schedule). Submit a completed Escrow Maintenance Form and a W-9 (must match name on escrow check). c. If you do not own the property, the owner must sign the Consent of Owner Form so that you can submit an application to the Board. d. One (1) copy of the completed Consent to Inspect/Right of Entry Form signed by the owner of the property. This will allow members of the Planning Board, Township employees and consultants to inspect your property. e. Four (4) copies of a property survey or plan drawn to scale, clearly showing the location and dimensions of the property and all existing and proposed structures (buildings, swimming pools, sheds, fences, driveways, garages, etc.). A rendering should be provided for any proposed structures, indicating proposed materials and colors (four copies). A digital copy (pdf) of all plans should be provided if available. Additional copies of plans, reports, etc. may be requested as needed in order to properly review your application. f. If the lot is undersized, a copy of the Undersized Lot-Acquisition Form must also be submitted no later than 20 days prior to a scheduled hearing date to show attempt to acquire additional property. Proof of submission would include certified mail slips, the adjacent property owners signing a receipt of the notice and the completed form returned. g. A zoning schedule must be provided, either on the cover sheet of a plan or as a separate submission document. A sample zoning schedule is provided. 2. The Planning Board office will review the items submitted and let you know if the application is complete, incomplete or if additional items are required. 3. When all submittal requirements have been fulfilled, the application will be declared complete, distributed for professional review and scheduled for a hearing. NOTE: NO VARIANCE APPLICATION WILL BE SCHEDULED UNTIL IT IS DEEMED COMPLETE BY THE ADMINISTRATIVE OFFICER. The application must be deemed complete no less than twenty-one (21) days prior to a meeting in order to be scheduled for a meeting agenda. If that agenda is filled, the application will be placed on the next available agenda. 2018/ds

6 4. All applications require Public Notice. After your application is scheduled for a public hearing, the Board Administrative Officer will furnish you with the necessary forms (also part of the application package at and a list of property owners that must be served. You must: a. Arrange for publication of the notice in the Asbury Park Press at least ten (10) days prior to the date of the hearing. NOTE: The newspaper requires several days advance notice in order to print your legal notice. b. Request an Affidavit of Publication from the newspaper and send it to the Board office at least three (3) days prior to the hearing. c. Serve notice by personal service or certified mail at least ten (10) days prior to the hearing date to the following parties where applicable: (1) Owners of all rear property located within two-hundred feet (200') feet in all directions of the subject property. NOTE: The Planning Board Administrator will provide you with a certified list of property owners in the Township of Freehold. If properties in other municipalities are within two-hundred feet (200') of the subject property, you must contact the other municipality or municipalities to obtain a list of property owners in those municipalities. (2) The Clerk of adjoining municipalities where the subject property is within two-hundred feet (200') of another municipality. (3) Monmouth County Planning Board where the subject property is adjacent to an existing county road or proposed road, adjoining County land, or situated within two hundred feet (200') of another municipality. (4) Ocean County Planning Board where the subject property is within two hundred feet (200') of a municipality located in Ocean County. (5) Commissioner of Transportation where the subject property is adjacent to a State Highway. (6) New Jersey State Planning Commission where the subject property exceeds 150 acres or includes 500 or more dwelling units. The Notice must include a copy of any maps or documents required to be on file. d. You must return the notice forms that are included in the application package (Affidavit of Proof of Service Form, Affidavit of Publication), the list of persons served, a copy of the notice served and an Affidavit of Publication from the newspaper to the Board office at least three (3) days prior to the meeting. If notice was served by certified mail, the receipts must also be submitted to the office. A digital (scanned) copy of the proof of service can be provided for review three (3) days prior to the hearing date as long as the originals are brought to the public hearing. NOTE: No action will be taken on any application unless you have demonstrated that all affected parties have been properly notified. 5. Applicants must appear at the meeting and may be represented by an attorney at law. No one other than an attorney can represent an applicant. If the applicant is a corporation or LLC, then it must be represented by and attorney at law. The applicant should be prepared to testify regarding the reasons for requesting the variance. 2018/ds

7 6. IT IS THE APPLICANT S RESPONSIBILITY TO DEMONSTRATE THAT THE VARIANCE CAN BE GRANTED IN ACCORDANCE WITH THE REQUIREMENTS OF THE NEW JERSEY MUNICIPAL LAND USE LAW. Applications for variances are legally complex, and the applicant may wish to consult an attorney for guidance in submitting an application and preparing for a public hearing. The staff of the Planning Board cannot provide advice or information as to how to prove the merits of the application. Please note that if you are unrepresented by an attorney and your public hearing has commenced, it is highly unlikely that Board will grant an adjournment of your hearing to permit you to retain an attorney if you have subsequently decided that one is needed. 7. If you wish to obtain a complete copy of the Planning Board's Rules and Procedures, please contact the Board Administrative Officer or by visiting the Township s website ( NOTES: (1) You are not required to obtain a list of variances from the Zoning Officer. You may prepare this list yourself, however, if you need assistance, it is recommended that you contact the Zoning Officer at or seek the advice of a land use attorney. (2) You may prepare the list of property owners within two-hundred feet (200') of the subject property yourself, however, it is recommended that you ask the Planning Board Administrative Officer to prepare this list. PLEASE MAKE SURE THAT YOUR APPLICATION FORMS, MAPS AND DRAWINGS ARE CLEAR, LEGIBLE AND DESCRIBE PRECISELY WHAT YOU WANT TO BUILD. AT THE PUBLIC HEARING, YOU MAY WANT TO BRING PHOTOGRAPHS AND OTHER MATERIALS TO HELP YOU PRESENT YOUR CASE. YOU MAY ALSO WISH TO PREPARE A POSTER BOARD EXHIBIT SHOWING ALL EXISTING AND PROPOSED STRUCTURES ON YOUR PROPERTY SO THAT ALL BOARD MEMBERS CAN CLEARLY SEE WHAT YOU ARE PROPOSING AS YOU PRESENT YOUR CASE. A DIGITAL DISPLAY IS AVAILABLE USING YOUR OWN LAPTOP COMPUTER; HOWEVER, YOU MUST MAKE ARRANGEMENTS WITH THE PLANNING BOARD OFFICE IN ADVANCE TO SET UP THE MONITORS. A HARD (8.5 X 11 ) COPY OF ANYTHING PRESENTED DIGITALLY TO THE BOARD MUST BE PROVIDED TO THE PLANNING BOARD ADMINISTRATIVE OFFICER TO BE MARKED AS EVIDENCE. 2018/ds

8 Application # Township of Freehold VARIANCE APPLICATION FORM I, the applicant herein whose post office address is am the of property located at or on (owner/contract purchaser/lessee) and designated on the Tax Map as Block Lot(s). The property is located in the Zone District. Scenic Corrider: Yes No The following structures, buildings or uses are currently on the property:. Application is made to (describe in detail the proposed construction and use: Ex: 6' high stockade fence; a one-story family room addition measuring 500 square feet or Appeal of the Zoning Officer s Decision): A Zoning Schedule must be provided either on the plan or as a separate submission document. The proposed building or use is contrary to the following Section(s) of the Freehold Township Land Use Ordinance: (EXAMPLE: Chapter 190a-Schedule C. proposed shed is 22' high where 16' high is the Maximum height permitted) Updated 1/18 - ds 1

9 Application # The reasons for this request is as follows: Has there been any previous appeal or application to the Planning Board or previous Board of Adjustment involving this property. If yes, state the date, character and disposition of the application. Include a copy of any previous resolutions: The following is/are submitted with this application (list all documents and exhibits accompanying this Application): I, the undersigned, certify that all statements contained herein, the papers and plans filed herewith are true and correct to the best of my knowledge, the information and belief. Signature of Applicant Date Daytime Phone Number Home Phone Number address FOR OFFICE USE ONLY Date Filed: Fee Paid: Application Declared Complete On: Decision Must Be Rendered By: Date of Public Hearing: Date of Resolution: Board Decision: Approved ( ) Denied ( ) Updated 1/18 - ds 2

10 ZONING SCHEDULE Project/Applicant's Name: Project/Application Number: Project Address: Block(s): Zone: Lot(s): Interior Lot Corner Lot Scenic Corridor REQUIRED EXISTING PROPOSED Minimum Lot Area (Interior Lot) Minimum Lot Area (Corner Lot) Minimum Lot Width at Bldg. Line (Interior Lot) Minimum Lot Width at Bldg. Line (Corner Lot) Minimum Lot Frontage Minimum Lot Depth Scenic Corridor - Minimum Buffer (if applicable) Principal Structure - Minimum Front Setback Principal Structure - Min. Side Setback (1 of 2) Principal Structure - Min. Side Setback (2 of 2) Principal Structure - Minimum Rear Setback Principal Structure - Maximum Coverage (%) --- Principal Structure - Maximum Height 35' Principal Structure Footprint (s.f. - incl. garage) --- Principal Structure Total s.f. (All floors - incl. garage) --- Accessory Structure - Min. Side Setback (1 of 2) Accessory Structure - Min. Side Setback (2 of 2) Accessory Structure - Minimum Rear Setback Accessory Structure - Maximum Height 16' Assessory Structure - Maximum Total Sq. Ft. 192 s.f. Assessory Structure - Maximum Coverage (%) All Buildings - Maximum Coverage (%) Maximum Total Impervious Coverage (%) Maximum Floor Area Ratio (FAR) Notes: 1. All existing non-conforming conditions where no changes are proposed shall be marked with a single asterisk (*) 2. All standards/conditions which require new variances associated with the current application shall be marked with a double asterisk (**) 3. Indicate setback for all existing structures. Label multiple accessory structures "a", "b", "c", etc. and separate by a " / " on the schedule Person & Firm preparing Zoning Schedule: Signature and Date prepared: To obtain the "Required" information, please go to - select "E-Gov", then "Municipal Code Book". In search box, type "Schedule C". Select the first option (Ch. 190 Attch. 1 - Schedule C). Locate the zone for the property for the bulk requirements.

11 App. # Township of Freehold 2018 VARIANCE COMPLETENESS CHECKLIST SUBMISSION OF DOCUMENTS APPLICATION # DATE: APPLICANT NAME RECEIVED BY: Prior to issuance of a Certificate of Completeness, the Administrative Officer shall determine that the following documents have been submitted: C N/A (C = Complete; N/A = Not Applicable - Explain why n/a) 1. Three Copies of Application Form(s) - for all associated variances and other required requests. Clearly describe the proposed application. 2. Certification of owner authorizing submission of application (if applicant is not the owner). 3. Right-of-Entry/Consent to Inspect form Disclosure Statement (if applicable). Completed W-9 (should match escrow check). Completed Escrow Maintenance Form. Tax Certification form (Top of form completed only). 8. Zoning Schedule (either on plan or separate document - see sample). 9. Application Fee and Escrow Deposit (separate checks)*. 10. Four copies of a current survey, plan and rendering (for all structures). NOTE: Additional items/quantities may be required due to the nature of the specific application. When a public hearing date has been scheduled, proof of service of notice as required by Section of the Township of Freehold Land Use Ordinance shall be submitted to the Administrative Officer at least three (3) days prior to public hearing. I certify that this application is complete: Applicant s Signature Date Applicant s name (printed) *See Section of the Freehold Township Land Use Ordinance for a complete list of all fees.

12 Application # Township of Freehold 2018 VARIANCE APPLICATION FEE WORKSHEET Applicant: Date: Project Name: Block # Lot # Computed by: SCHEDULE A - FEES* Publication of Decision $85.00 List of Property Owners $10.00 Variance Application Fee $ Variances/Requests (include all that apply): 1. Appeals (N.J.S.A. 40:55D-70(a)) a. Single family residential uses - $ b. Other uses - $ Interpretation of the Land Use Ordinance or Map (N.J.S.A. 40:55D-70 (b)) - $ Bulk Variances (N.J.S.A. 40:55D-70 (c)) a. Single family residential uses - $ b. Other uses - $ Use Variances (N.J.S.A. 40:55D-70 (d)) a. Single family residential uses - $ b. Other uses - $ Public Hearing Fee $ Other TOTAL FEES ESCROW FEES (Separate check) Residential uses - $ Non-residential uses - $2, *See Section of the Freehold Township Land Use Ordinance for a complete list of all fees Rvsd. for 1/18- ds

13 Township of Freehold TAX STATEMENT Taxes must be current and will be verified prior to appearing before the Board. This is to certify that taxes have been paid and are current for property owned by at (Address) known as Block (s), Lot (s). FOR OFFICE USE ONLY: Taxes are Current Taxes are Delinquent Taxes for the next quarter are due. (Date) CERTIFIED BY: Office of the Tax Collector Date

14 Township of Freehold CONSENT OF OWNER does hereby consent to the (Name of Owner) filing and processing of an application for: (Select all that apply) Site Plan Minor Subdivision Major Subdivision Variance Conditional Use General Development Plan Soil Removal/Fill approval to be made by who is the (Name of Applicant) developer within the meaning of N.J. Rev. Stat. 40:55D-4. This consent applies to premises located on and described as (Street Address) Lot (s) in Block as shown on the Tax Map of the Township of Freehold. I hereby authorize said developer to execute all documents and perform all acts necessary in conjunction with said application as though same were applied for and processed by us. By signing as the owner, I also certify that I am an authorized signatory and have full authority this execute this consent. (Signature of Owner) (Date) (Name and Title of Owner) (Address of Owner(s))

15 Township of Freehold CONSENT TO INSPECT APPLICATION NAME: APPLICATION NO.: I, as owner of Lot(s) in Block (s) as shown on the Tax Map of the Township of Freehold, which is the subject of an application for development to the Freehold Township Planning Board under the above number, do hereby consent to have said premises inspected by members of the Planning Board, consultants to the Planning Board and other officials of the Township pertaining to this application. This shall include the privilege of entering into, upon and over said premises. By signing this consent, I affirm that I have full authority to execute this consent. (Signature of Owner) (Date) (Name and Title of Owner) (Address of Owner)

16 Township of Freehold WAIVER OF STATUTORY TIME LIMITATIONS Applicant/Developer: does hereby consent to an indefinite extension of time within which the Freehold Township Planning Board may consider applicant's application for: approval notwithstanding any statutory limitations applicable to said approval. Applicant reserves the right to withdraw this extension of time after expiration of the initial statutory period provided that applicant gives the Planning Board 30 days notice of applicant's intention to withdraw this waiver. APPLICANT DATE

17 App. # Township of Freehold ESCROW MAINTENANCE FORM I understand that as owner and/or applicant that I am responsible to maintain an escrow account with the Township that will be used to pay for professional reviews of the project. The reviews are charged on an hourly basis and I will be billed monthly. If my account is not kept current, I will be in violation of Public Law 40:55D-52.2.(c) and work will not continue on the processing of the Application. Person/Firm Responsible for Receiving Financial Account Information: address: Address: Phone: Prefer to receive statements via: Regular Mail Electronic Mail OWNER DATE APPLICANT DATE

18 Form W-9 Request for Taxpayer (Rev. October 2007) Identification Number and Certification Department of the Treasury Internal Revenue Service Name (as shown on your income tax return) Give form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. Business name, if different from above Check appropriate box: Individual/Sole proprietor Corporation Partnership Limited liability company. Enter the tax classification (D=disregarded entity, C=corporation, P=partnership) Other (see instructions) Address (number, street, and apt. or suite no.) City, state, and ZIP code List account number(s) here (optional) Exempt payee Requester s name and address (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Part II Certification Under penalties of perjury, I certify that: Social security number or Employer identification number 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Sign Here Signature of U.S. person General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester s form if it is substantially similar to this Form W-9. Date Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: An individual who is a U.S. citizen or U.S. resident alien, A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, An estate (other than a foreign estate), or A domestic trust (as defined in Regulations section ). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: The U.S. owner of a disregarded entity and not the entity, Cat. No X Form W-9 (Rev )

19 Form W-9 (Rev ) Page 2 The U.S. grantor or other owner of a grantor trust and not the trust, and The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person, do not use Form W-9. Instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a saving clause. Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8. What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called backup withholding. Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II instructions on page 3 for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of Form W-9. Also see Special rules for partnerships on page 1. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Name If you are an individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your individual name as shown on your income tax return on the Name line. You may enter your business, trade, or doing business as (DBA) name on the Business name line. Limited liability company (LLC). Check the Limited liability company box only and enter the appropriate code for the tax classification ( D for disregarded entity, C for corporation, P for partnership) in the space provided. For a single-member LLC (including a foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner under Regulations section , enter the owner s name on the Name line. Enter the LLC s name on the Business name line. For an LLC classified as a partnership or a corporation, enter the LLC s name on the Name line and any business, trade, or DBA name on the Business name line. Other entities. Enter your business name as shown on required federal tax documents on the Name line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the Business name line. Note. You are requested to check the appropriate box for your status (individual/sole proprietor, corporation, etc.). Exempt Payee If you are exempt from backup withholding, enter your name as described above and check the appropriate box for your status, then check the Exempt payee box in the line following the business name, sign and date the form.

20 Form W-9 (Rev ) Page 3 Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The following payees are exempt from backup withholding: 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2), 2. The United States or any of its agencies or instrumentalities, 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities, 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities, or 5. An international organization or any of its agencies or instrumentalities. Other payees that may be exempt from backup withholding include: 6. A corporation, 7. A foreign central bank of issue, 8. A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States, 9. A futures commission merchant registered with the Commodity Futures Trading Commission, 10. A real estate investment trust, 11. An entity registered at all times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section 584(a), 13. A financial institution, 14. A middleman known in the investment community as a nominee or custodian, or 15. A trust exempt from tax under section 664 or described in section The chart below shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 15. IF the payment is for... Interest and dividend payments Broker transactions Barter exchange transactions and patronage dividends Payments over $600 required to be reported and direct 1 sales over $5,000 1 THEN the payment is exempt for... All exempt payees except for 9 Exempt payees 1 through 13. Also, a person registered under the Investment Advisers Act of 1940 who regularly acts as a broker Exempt payees 1 through 5 Generally, exempt payees 2 1 through 7 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation (including gross proceeds paid to an attorney under section 6045(f), even if the attorney is a corporation) and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys fees, and payments for services paid by a federal executive agency. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single-member LLC that is disregarded as an entity separate from its owner (see Limited liability company (LLC) on page 2), enter the owner s SSN (or EIN, if the owner has one). Do not enter the disregarded entity s EIN. If the LLC is classified as a corporation or partnership, enter the entity s EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at You may also get this form by calling Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS-4 from the IRS by visiting or by calling TAX-FORM ( ). If you are asked to complete Form W-9 but do not have a TIN, write Applied For in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering Applied For means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Form W-8. Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, and 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). Exempt payees, see Exempt Payee on page 2. Signature requirements. Complete the certification as indicated in 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.

21 Form W-9 (Rev ) Page 4 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. Other payments include payments made in the course of the requester s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account: 1. Individual 2. Two or more individuals (joint account) 3. Custodian account of a minor (Uniform Gift to Minors Act) 4. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust under state law 5. Sole proprietorship or disregarded entity owned by an individual Give name and SSN of: The individual The actual owner of the account or, if combined funds, the first 1 individual on the account The minor 2 The grantor-trustee 1 The actual owner 1 The owner 3 For this type of account: Give name and EIN of: 6. Disregarded entity not owned by an The owner individual 7. A valid trust, estate, or pension trust Legal entity 4 8. Corporate or LLC electing The corporation corporate status on Form Association, club, religious, The organization charitable, educational, or other tax-exempt organization 10. Partnership or multi-member LLC The partnership 11. A broker or registered nominee The broker or nominee 12. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person s number must be furnished. 2 Circle the minor s name and furnish the minor s SSN. 3 You must show your individual name and you may also enter your business or DBA name on the second name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 1. Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, social security number (SSN), or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: Protect your SSN, Ensure your employer is protecting your SSN, and Be careful when choosing a tax preparer. Call the IRS at if you think your identity has been used inappropriately for tax purposes. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at or TTY/TDD Protect yourself from suspicious s or phishing schemes. Phishing is the creation and use of and websites designed to mimic legitimate business s and websites. The most common act is sending an to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via s. Also, the IRS does not request personal detailed information through or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS personal property to the Treasury Inspector General for Tax Administration at You can forward suspicious s to the Federal Trade Commission at: spam@uce.gov or contact them at or IDTHEFT( ). Visit the IRS website at to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA, or Archer MSA or HSA. The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, states, the District of Columbia, and U.S. possessions to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply.

22 Application: Township of Freehold DISCLOSURE STATEMENT Pursuant to N.J. Rev. Stat. 40:55D-48.1 (Applicant's Name) has applied to the Freehold Township Planning Board for permission to subdivide a parcel of land into six or more lots or has applied for a variance to construct a multiple dwelling of 25 or more family units or has applied for approval of a site to be used for commercial purposes under Planning Board application No. and, thereof, discloses the names and addresses of all stockholders or individual partners who own at least 10% of its corporate stock or 10% of the interest in the partnership as the case may be: NAME OF STOCKHOLDER OR PARTNER PERCENTAGE OF INTEREST APPLICANT DATE FOR OFFICE USE: to Twp. Attny